Resident urges Kearney to revisit zoning rules for Oxford houses; staff to review code

Kent Schroeder, a resident who identified himself during public comment, told the council he had researched an Oxford House near Avenue I and raised concerns about occupancy and neighborhood impacts. Schroeder defined an Oxford house as a shared residence for people in recovery, described protections under the Fair Housing Act for persons with histories of substance use disorder and cited litigation up to the U.S. Supreme Court.

"Oxford houses must comply with zoning ordinances, but they are also protected under the Fair Housing Act," Schroeder said, and urged the city "pursuant to the Fair Housing Act, to adopt a reasonable restriction regarding the maximum number of nonrelated occupants in a single family neighborhood." He said there are four Oxford houses in Kearney and outlined national case law he believed relevant to local code.

City staff responded that letters from adjoining landowners had raised a claimed boundary issue in one development matter (a separate agenda item) and that such disputes are for the courts to resolve and do not affect the rezoning process. On the Oxford‑house matter specifically, staff advised council that some city code language is outdated and that staff will add updates to the code revision list and consult legal counsel, including conversations already held with an assistant city attorney in Lincoln.

The presiding official noted state law prevents the council from taking action on matters not properly published on the agenda that evening. Schroeder provided printed materials to staff and offered to answer questions; staff said they will follow up with legal review and code revision where appropriate.

No formal council action or ordinance was taken during the meeting on this topic.